Is there any protection for the use of personal names as trademarks?
Yes, there is protection for the use of personal names as trademarks in North Dakota. The North Dakota Unfair Competition Law prohibits anyone from using a personal name, family or trade name in a manner likely to cause confusion as to the source of goods, services, or business. This includes using another person’s name, personal name, or other likeness as a trademark or related mark. If someone uses a personal name as a trademark or related mark without permission, then they are infringing on the person’s name and may be liable for damages and other remedies. This includes registering a trademark based on another person’s name or using it in a manner likely to confuse consumers. At the same time, businesses are allowed to register their name or the name of their founder as a trademark as long as they are not using another person’s name. This provides companies with the protection they need to identify their company’s name in the marketplace. Ultimately, North Dakota’s Unfair Competition Law provides protection for the use of personal names as trademarks and related marks. This helps to prevent businesses from infringing on someone else’s name, while also allowing companies to identify their own name in the marketplace.
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